HomeMy WebLinkAbout04/04/2000 Adjourned Joint Meeting 316
CITY OF YAKIMA, WASHINGTON
APRIL 4, 2000
ADJOURNED JOINT MEETING WITH THE COUNTY COMMISSIONERS
The City Council met in session on this date at 7:30 a.m., in the
2nd Floor Training Room, at the Police Station /Legal Center, 200 South
3rd Street, Yakima, Washington. Mayor Mary Place, presiding, Council
Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, Larry
Mattson, and John Puccinelli were present. Council Member Bernard Sims
was absent and excused. Yakima County Commissioners present were
Chairman Jesse Palacios, Bettie Ingham, and Jim Lewis. City Staff
members present were Dick Zais, City Manager; Glenn Rice, Assistant
City Manager; Chris Waarvick, Director of Public Works; Ray Paolella,
City Attorney; Doug Mayo, Wastewater Superintendent; Pete Hobbs,
Environmental Analyst; Dueane Calvin, Water & Irrigation Division
Manager; Bill Cobabe, Neighborhood Development Services Manager; Don
Skone, Planning Manager; and Karen Roberts, City Clerk. County staff
members present were Dan Hesse, Public Works Director; Vern Redifer,
Assistant Public Works Director; and Kent McHenry, Traffic Engineering
Manager.
Mayor Place called the joint meeting with the County Commissioners to
•
order at 7:35 a.m. and introductions were made.
REVIEW OF 4(d) RULE (SALMON ISSUES)
Assistant City Manager Rice stated that information regarding the 4(d)
Rule and stormwater issues was distributed last Friday. The purpose
of this meeting is to share information and to study the issue; no
action is being requested.
Dueane Calvin commented that the Endangered Species Act (ESA) is not
new; it has been around since the mid -70's. Staff has been involved
with stormwater issues for the past couple of years. ESA goes beyond
jurisdictional boundaries, and he suggested that a risk assessment for
the City and County should be conducted. Referencing the material
provided, he stated that staff provided an overview of the basis for
listing determinations, timelines, a list of ESA threatened and
endangered salmonids in Washington State, potential impacts to mid -
Columbia agencies, and a list of local government activities impacted
by ESA listings. Also included is a map that depicts the river and
stream classifications. He reported that a draft biological
assessment would be done by the Bureau of Reclamation on its river and
irrigation operations, including its trust obligation to the Yakama
Nation, and should be ready in about 30 days.
There was discussion about what triggers a biological assessment. If
there were a construction project funded with Federal dollars, a
biological assessment would be required, including anything on the
Endangered Species List, not just salmon.
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APRIL 4, 2000 - ADJOURNED MEETING
WITH YAKIMA COUNTY COMMISSIONERS .
Council also briefly discussed the takings issue, the Perkins Coie
opinion that indicates the 4(d) Rule could be a violation of the 10
Amendment, and the risk for lawsuits. There was also concern
expressed about dealing with multiple entities who would all have to
approve any habitat conservation plan.
Mr. Calvin commented that things are still evolving and there is zero
guidance being provided by the National Marine Fisheries Service
(NMFS). He reported that Portland adopted a 200 foot buffer zone rule
and asked if that would be the standard, NMFS indicated they would
have accepted 150 feet. Council Member Mattson stated it is his
understanding from NMFS that if we wanted to adopt a rule with less
than 200 feet for a buffer zone, the jurisdiction would have to do the
science to support that rule, which may or may not be approved by
NMFS. The critical areas ordinance needs to be reviewed too, *0.3 wolf
as together with the stormwater plan, irrigation plan, wastewater
permit and NPDES permit in a holistic manner. The question is do we
want to do a compliance assessment that may or may not lead to a
habitat conservation plan. Commissioner Palacios stated that we have
to find out how many miles of streams we have and how many of those
are public. We have to develop a plan. If we take property to
protect it, how would we pay the property owner.
Commissioner Lewis stated he thinks that a couple of staff and elected
officials should meet to look at the feasibility of conducting a
county -wide study; maybe there is funding available from the state or
federal governments. Mayor Place commented that we would want to
assess our risks and talk about the compliance assessment and what the
cost would be. Commissioner Lewis suggested sending a joint letter to
• NMFS about what we are doing and encourage them to delay
implementation of the 4(d) Rule. Mayor Place said that she and
Commissioner Palacios would write a letter. Council Member Mattson
suggested the letter includes something about predictability; we need
to have rules for property owners to follow.
The meeting adjourned at 8:45 a.m.
READ AND CERTIFIED ACCURATE BY: s / /..
O`:�CIL MEMB R • DATE
r/ , C/ 1b a- az)
COUNCIL MEMBER DAT
;0 Z. ATTEST:
CITY CLERK MARY PLACE, MAYOR
An audio and video tape of this meeting are available in the City Clerk's Office
*The minutes were amended at the April 18, 2000 Council meeting.
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